In these circumstances you need to assess whether reasonable adjustments can be made so the employee can return to work; this will also give you more time to establish if there are any non-disability related capability issues. Depends on their reason for being sick, if they are truly sick, then you can usually tell they are getting sick a day or two before hand, or the day after, they just do not look, sound, or act right. It is the fact that you would usually not have been working with your employer for two years that impacts on your right to sue for unfair dismissal, and not the fact that you are in a period of probation. Unfortunately, that concern is often justified, and your worst fear can happen. Employee entitlements on probation. The 5 Most Common Illegal Reasons to Be Fired in California Although employers can usually fire employees for any lawful reason, they can’t do so when it breaks one of California's laws. So, if you feel that your employee is calling in sick too much at work, in some states you can simply let them go. However, there are some important exceptions to this. If all goes well, you add a capable member to your team and increase the list of things you can accomplish collectively. The absence of an employee from the workplace can also cause employers great frustration. UpCounsel accepts only the top 5 percent of lawyers to its site. Likewise, it’d be unwise to extend probation as the employee may claim this is disability discrimination. Illegal firings happens when an employment relationship is ended by an employer in violation of the employee’s legal rights. If hired on a full-time or part-time basis, an employee on probation is entitled to: accrue and access their paid leave entitlements such as annual leave and sick leave. Quickly, if you don't mind, Seamus—can you get rid of an employee during probation without warning or reason or do you have objectives, support and cautions?

The flu and other viruses often result in significant time being taken away from work, which can influence an employee’s pay if they don’t have full sick leave benefits. While on probation, employees continue to receive the same entitlements as someone who isn’t in a probation period.

Electronic Data Systems Corp. v. Attorney General & another, 454 Mass. If you need help with 90-day probation period for new hires, you can post your legal need on UpCounsel's marketplace. It is possible that you do not yet qualify for the rights under this statute as you must accrue sick time to be entitled to take it and you must be employed at least 90 days before the rights kick in. Rest assured, as an employee, you do have certain inalienable rights. If all goes well, you add a capable member to your team and increase the list of things you can accomplish collectively. UpCounsel accepts only the top 5 percent of lawyers to its site. While on probation, employees continue to receive the same entitlements as someone who isn’t in a probation period. Barbuto v. Advantage Sales and Marketing, LLC, 477 Mass. If you are an employer in an “at will” employment state, that means that you are legally free to fire an employee at any time without explanation. However, there is the possibility that this new employee may not be suitable for your workplace, and you may need to let them go during their probation period. 456 (2017) An employee who has been fired for using medical marijuana off-site, and not before or during work, may sue her employer for handicap discrimination. Sickness absence in the probation period should be assessed as part of performance. If you’re worried about being fired because you’re sick, you are not alone. You may have reduced workplace benefits such as sick and holiday pay or entitlement to notice during your probationary period. Electronic Data Systems Corp. v. Attorney General & another, 454 Mass.

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